Statute Roll; ut agnitum fuit per Lord Raymond, Lord C. Baron Reynolds, Baron Comyns and the Speaker Onslow. And the Statute Roll does often vary from the Parliament Roll, which was thought to be by the alteration made by the Judges. Particularly in the stat. about Pleadings being in Latin. Anciently there was not a Preamble to every Statute; v. Bacon of Uses.

N.B. Lord C. Baron Reynolds did declare Nov. 27, 1731, that Lord Somers' argument in the Bankers' case was the finest thing he had seen; it is in the hands of Sir Joseph Jekyl, and the Speaker said he had been informed by Sir Joseph Jekyl that Lord C. J. Holt did declare in the House of Lords that he thought Lord Somers was right, and that he was mistaken, but Powell J. said to him, My Lord, what will you give us all up? which prevented Holt, C. J. declaring in the House of Lords that he was convinced by Lord Somers.

N.B. This argument was printed anno 1732, and I have it given me by Sir Joseph Jekyl.

Gurdon's 1st vol. 35. The secular laws were made in the vernacular language; ecclesiastical laws were in Latin, clergy who were learned being chiefly concerned in them.

Per Gurdon, fol. 38. The terms Witenagemote and MichelSynod began to be layed aside in the reign of Edw. the Confessor, and instead thereof they used the word Parliament in the French dialect: he having the greatest part of his education in France.

Gurdon, 17, who cites Bodin De Repub. The old Britons were carefull to prevent seditious reflections on the administration, their law allowing none but the Magistrates to talk of affairs of the Commonwealth, and that only in open Councill.

It appears per Gurdon, 148, and in this he is supported by 2d Inst. 227, that rumours or libells tending to raise discontent were punishable at Common Law, viz. by Saxon Stats., as also by Stat. Westm. 1st, c. 34; 2nd Rich. 2, 5; and 12 Rich. 2, c. 11. Vide Gordon's Tacitus: Roman Law de Majestate, which punished libells.

Vide Gurdon, fol. 85, whereby it appears that there was a Magnum Consilium, besides the Parliament, which Magnum Consilium consisted in Edw. 1st, 2nd, and 3rd's reign, of bishops, abbots, priors, five earls and eleven barons, but no Commons. The summons to Magnum Consilium was by Privy Seale, to Parliament by Great Seale. Q. If this Magnum Consilium be not what Mr. Onslow, Speaker, calls Consilium Ex

traordinarium? Q. Is Cabinet Councill known in the law?-Hale's Analysis, 7, 8.

Per Coke, 1st Inst. 110. The king has four councills; (i. e.) Commune Consilium, the Parliament, Magnum Consilium, his great men 3d, Privy Councill; 4th, Legale Consilium; viz., his judges in law matters; and by that author, when mention is made of councills, it is to be understood secundum subjectam materiam. Q. If deeds or charters by king, with barons, &c. witnesses, were not in the Magnum Consilium? Q. If equity jurisdiction did not arise from this Magnum Consilium, which is the opinion of Mr. Onslow, Speaker.-Vide Hale's History of the Crown Laws, 421.

N.B. Mr. Brown Willis says that there were councills of trade. N.B. He says to be created a borough was anciently thought a great privilege, and the borough men were excused from attending county courts, &c.

N.B. Mr. Onslow, Speaker, did inform me that it had been determined that a clergyman may not sit in the House of Commons. Vid. Chamberlayne's State of Great Britain, ad idem, chap. Parliament. V. Abridgment of Stats. tit. Parliament, ad idem, 4 Inst. 47. Nor can judges sit in the House of Commons.

By Norris. The appetites of the soul are compared to motions in bodys, which allways gravitate, till they attain their centre. The soul has desires, which run on indefinitely to all possible good; and therefore cannot be satisfyed with any created good.

December the 5th. Baron Comyns did declare at Lord Chief Baron Reynolds', that Sir John Bramstone told him that Sir H. Grimstone gave 8000l. to Lord Clarendon, when he was made Master of the Rolls, and Lord Chief Baron Reynolds did declare that Parker, who was his relation, did refuse to give Lord Clarendon 30007., which was insisted by him to be an usual perquisite to the Great Seal on making a judge.

N.B. Styles' Reports are dedicated to Parker.

N.B. It appears by Rapin that Lord Southampton, who was Lord Treasurer to Car. 2nd, and Lord Clarendon, who was Chancellor, were his best ministers. It appears also by the letters of D'Estrade that Lord Clarendon advised the sale of Dunkirk, and that Lord Clarendon was also extremely averse to the Presbyterians, who by that history appear to have behaved very well, and to have been for the Restoration.

N.B. James 1st, Car. 1st, Car. 2nd, and James 2nd, attempted to make themselves absolute. The Cabal in Car. 2nd's

time consisting of Clifford, Arlington, Buckingham, Ashly Cooper, and Lauderdale, were in measures to make the king absolute; but Lord Shaftsbury, finding himself not supported by the king, turned against him, and was a great stickler for the country party. His interest lay in the city of London; but the king getting the city towards the end of his reign, (viz.) after the Oxford Parliament, which is King Charles the 2nd's last Parliament, Lord Shaftsbury fled and dyed in Holland.

N.B. Lord Danby came in against the Cabal; but being accused by Montague of advising the king in the affair of the king being a pensioner to France, he was impeached by the Commons, though from the opposition given to this impeachment by the King and House of Peers, no effect was of this impeachment; and after a dissolution of Parliament, he was bailed out of the Tower by King's Bench.

N.B. The Statute of Uniformity was levelled against the Presbyterians, as also the Corporation Acts, and the Uniformity Act was contrary to the king's declaration at Breda.Rapin, 13th vol. 291.

Vide Rapin's Dissertation on the Origine of the English Government, at the end of his 14th volume, where there is a very pretty account of our partys of Whig and Tory; and N.B. The policy of the crown seems to be, not to attempt absolute power in itself, but to intrigue with the Parliament. This was done by H. 8th and Queen Elizabeth.-Rapin, 14th vol. 420. Policy of King William's reign was to give encouragement to both partys; fearfull to favor the Whiggs too much, for fear it should be thought he would establish Presbyterianism; fearfull allso to encourage the Torys too much, for fear the high-flying party might give strength to the Pretender: at first his ministers were of both partys, and afterwards he changed his ministers

often.

Queen Anne, who was weak and self-willed, first joyned moderate Torys; viz., Lord Godolphin and Lord Marlborough, with Whigs, and things went well; afterwards, when she used Torys only, they would have brought in the Pretender.

Q. If it would be right to repeal the occasional bill? The present plan seems to be to keep things quiet, without meddling with Church matters; and doubtless the Church party, as moderate Torys, are the superior interest of the kingdom.

N.B. The occasional bill was repealed tempore Geo. 1st, in Lord Stanhope's ministry.

Vide Rapin's Remarks on our present Parliamentary Constitution, fol. 458.

Rapin, in his Origine of Government, seems to think that William the 1st was an absolute conqueror; but the barons growing strong afterwards, and his successors, William Rufus and Henry 1st having disputable titles, they then, to secure the possessions they had got, claimed their Anglo-Saxon liberty, and insisted on the Magna Charta, which they obtained from King John, had confirmed by H. 3d, and after confirmed to them by Edw. 3rd; and N.B. It does appear that Edw. 3rd never made any attempt on the libertys of the people.

Gordon's observations in his discourses before Tacitus, 1st vol. Englished.

Fol. 2. French tongue is noted for faintness and circumlo

cution.

Mem. Dryden was a fine writer, had a copious imagination, a good ear and a flowing style. He was a man of parts, and a master of language.

Vid. his character of Tacitus, which is good; and N.B. He says Lucretius was the noblest wit of all the Latin poets.

Tacitus' description of the times of Nerva and Trajan: rara temporum felicitate, ubi sentire quæ velis, et quæ sentias dicere licet.

Fol. 16. Mr. Locke is too wordy. Tillotson's style is fine, but takes up too much room. It is probable he chose it as fit for popular discourses, for his parts show he could have been more sententious: the language of the worthy Lord Clarendon is weighty and grave, but encumbered, darkened, and flattened by multiplication of words.

The style of Livy flowed like the prosperity of the state; Tacitus wrote when the times were bad and dark; but the ancients never complained that he was obscure.

Owen's epigram is a fine short character of Tacitus:

"Veracem fecit Probitas; Natura Sagacem:

Obscurum Brevitas te: Gravitasque Brevem.

Fol. 23. Apology for Tacitus' treatment of the Christians and the Jews, and shown that the Christians were of a tyrannizing spirit.

Fol. 31. Good style began tempore Elizabeth; and was seen in Sir W. Rawleigh.

Productions tempore Jac. 1st are wretched, and Sir J. Bacon was infected.

Several fine writings between Car. 1st and the Restoration: Chillingworth's style is free as his own candid spirit. Same character of Lord Falkland, and Mr. Hales of Eaton. Mr.

Hobbes' style beautifull beyond example. Milton's prose is harsh and uncouth, though vigorous and expressive. Selden and Hammond are rugged and perplexed. Dr. Burnet, of the Charter-house, wrote with great eloquence and majesty, yet easy and unaffected (per me: Q. If spirit was not what Horace advises, viz. recidere ambitiosa ornamenta?) Lord Shaftesbury had a soft alluring style; the style of Sprat, Bishop of Rochester, is full of affectation; he aims at harmony and wit, but succeeds ill, for his manner is pedantick and starched: Atterbury is more to be admired.

(Vid. Dryden's Preface to 1st vol. of Miscellanys concerning the English language.)

Fol. 33. The English language is naturally cold, and the less force our words have the more they must be multiplyed, but this multiplying words is tedious, and the remedy as bad as the disease. The Latin phrases are short and lively, and few words convey many images.

Per Lord C. B. Rapin has shown Bacon's Henry 7th was a meer romance. He commends Herbert's H. 8th, and has shown Camden's Elizabeth to be a scandalous piece.

The Old Testament contains the Penteteuch, viz. the 5 Books of Moses:

Genesis, Exodus (Delivery from Egypt), Leviticus, relating chiefly to the Levites, Numbers, from numbering the people, and Deuteronomy, the second delivery of the law, and explanation of the law delivered from Mount Sinai.

Joshua to succeed Moses.

Judges, persons particularly raised by God to govern Israel. Ruth, a particular person.

1 & 2 Samuel, an account to Saul, and from him to David. 1, 2 Kings; 1, 2 Chronicles, an abridgment and recapitulation of the Kings: Job; Psalms, chiefly by David; Proverbs; Ecclesiastes; Song of Solomon.

Vide the reply to an answer to a letter wrote to Dr. Waterland. N.B. The answer was wrote by Dr. Pierce.

Vide Stillingfleet's Origines Sacræ, an account of these books of the Old Testament.

The residue: Books of Prophets or particular persons, viz. Ezra, Nehemiah, Esther, Isaiah, Jeremiah, Lamentations, Ezekiel, Daniel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habbakuk, Zephaniah, Haggai, Zechariah, Malachi.

Co. Litt. 7: v. British Compendium, 1st vol. an account of the arms of England. Seals were used by our kings very anciently, viz. anno Dom. 956, but it was the king sitting in a